General Terms and Conditions for the Hotel Accommodation Contract with Hotel Seegarten Überlingen GmbH
Scope of application
- These terms and conditions apply to contracts for the rental of hotel rooms for lodging purposes as well as all other services and deliveries provided by the hotel for the customer.
- The subletting or reletting of the rooms provided as well as their use for purposes other than accommodation require the prior written consent of the hotel.
- The customer’s terms and conditions shall only apply if this has been agreed in writing in advance.
Conclusion of contract, contracting party, liability; limitation period
- The contract is concluded by the hotel’s acceptance of the customer’s application. The hotel is free to confirm the room booking in writing.
- The contracting parties are Hotel Seegarten – hereinafter referred to as the Hotel, and the customer. If a third party has ordered on behalf of the customer, he shall be liable to the hotel together with the customer as joint and several debtors for all obligations arising from the hotel accommodation contract.
- The hotel is liable for its obligations under the contract. In the area of non-typical services, liability is limited to intent and gross negligence on the part of the hotel.
- The limitation period for all claims of the customer is six months.
- This limitation of liability and short period of limitation shall also apply in favour of the hotel in the event of breach of obligations in the course of contract initiation and positive breach of contract.
Services, prices, payment, set-off
- The hotel is obliged to keep the rooms booked by the customer ready and to provide the agreed services.
- The customer is obliged to pay the prices of the hotel applicable or agreed for the provision of the room and the other services used by him. This also applies to services and expenses of the hotel to third parties arranged by the customer.
- The agreed prices include the respective statutory value added tax. If the value added tax included in the prices increases due to statutory provisions, the hotel shall be entitled to adjust the agreed prices accordingly without separate prior consent of the customer. If the period between conclusion and performance of the contract exceeds six months and if the price generally charged by the hotel for such services increases, the hotel may increase the contractually agreed price by a reasonable amount, but by no more than five per cent.
- Furthermore, the prices may be changed by the hotel if the customer subsequently requests changes in the number of rooms booked, the services provided by the hotel or the length of stay of the guests and the hotel agrees to this.
- Invoices of the hotel without a due date are due and payable without deduction within ten days of receipt of the invoice. The hotel is entitled to call in accrued claims at any time and to demand immediate payment. In the event of default in payment, the hotel shall be entitled to charge interest at a rate of five per cent above the respective base rate of the European Central Bank. The customer reserves the right to prove that the damage is lower, and the hotel reserves the right to prove that the damage is higher.
- The hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates may be agreed in writing in the contract.
- The customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim.
Withdrawal of the customer (cancellation)
- Withdrawal by the customer from the contract concluded with the hotel requires the written consent of the hotel. If this is not done, the agreed price from the contract must be paid even if the customer does not make use of contractual services. This shall not apply in cases of default in performance on the part of the hotel or an impossibility of performance for which the hotel is responsible.
- If a date for withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer may withdraw from the contract up to that date without triggering any claims for payment or damages on the part of the hotel. The customer’s right of withdrawal shall lapse if he does not exercise his right of withdrawal in writing vis-à-vis the hotel by the agreed date, unless there is a case of default in performance on the part of the hotel or an impossibility of performance for which the hotel is responsible.
- In the case of rooms not used by the customer, the hotel shall offset the income from renting the rooms to other parties as well as the expenses saved.
- The hotel is at liberty to set a flat rate for the damage corresponding to it and to be compensated by the customer. The customer is then obliged to pay 80% of the contractually agreed price for accommodation with or without breakfast, 70% for half-board and 60% for full-board arrangements. The customer is at liberty to prove that no damage has been incurred or that the damage incurred by the hotel is lower than the flat rate demanded.
Withdrawal of the hotel
- Insofar as the customer’s right of withdrawal within a certain period has been agreed in writing, the hotel shall be entitled for its part to withdraw from the contract during this period if there are enquiries from other customers for the contractually reserved rooms and the customer does not waive his right of withdrawal upon inquiry by the hotel.
- If an agreed advance payment is not made even after expiry of a reasonable grace period set by the hotel with a threat of refusal, the hotel shall also be entitled to withdraw from the contract.
- Furthermore, the hotel shall be entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract; rooms are booked under misleading or false statements of material facts, e.g. in the person of the customer or the purpose; the hotel has reasonable grounds to assume that the use of the hotel services may jeopardise the smooth running of the business, the security or the reputation of the hotel in public without this being attributable to the hotel’s sphere of control or organisation; there is a breach of the above scope of application paragraph 2.
- The hotel shall inform the customer immediately of the exercise of the right of withdrawal.
- In the event of justified withdrawal by the hotel, the customer shall have no claim to compensation.
Room provision, handover and return
- The customer does not acquire any claim to the provision of specific rooms.
- Booked rooms are available to the customer from 14:00 on the agreed day of arrival. The customer has no right to earlier provision.
- Arrival should take place by 18:00 at the latest. In case of late arrival, please inform the hotel.
- On the agreed day of departure, the rooms must be vacated and made available to the hotel by 12:00 noon at the latest. Thereafter, the hotel may charge 50% of the full accommodation price (list price) for the additional use of the room until 6:00 p.m., and 100% after 6:00 p.m., in addition to the damage incurred. The customer shall be at liberty to prove to the hotel that the hotel has incurred no damage or significantly lower damage. The maximum number of persons per room is limited to three. Children up to 18 years are free of charge in their parents’ room. In this case, additional lines, which are included in the room rate, do not apply to children travelling with you.
Liability of the hotel
- The hotel is liable for the diligence of a prudent businessman. However, this liability is limited in the non-service-typical area to service deficiencies, damages, consequential damages or disruptions that are attributable to intent or gross negligence on the part of the hotel. Should disruptions or deficiencies occur in the hotel’s services, the hotel will endeavour to remedy the situation upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to contribute what he can reasonably be expected to do in order to remedy the disruption and keep any possible damage to a minimum.
- The hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions, i.e. up to one hundred times the room rate, up to a maximum of EUR 3,000, and for money and valuables up to EUR 750. Money and valuables up to a maximum value of EUR 25,000 can be stored in the hotel safe at reception. The hotel recommends making use of this option. The liability claims expire if the customer does not notify the hotel immediately after becoming aware of the loss, destruction or damage (§703 BGB).
- The legal provisions apply to the unlimited liability of the hotel.
- Insofar as a parking space is made available to the customer in the hotel garage or in a hotel car park, even for a fee, this shall not constitute a safekeeping contract. The hotel shall not be liable for loss of or damage to parked or manoeuvred motor vehicles and their contents, except in cases of intent or gross negligence. This also applies to vicarious agents of the hotel.
- Wake-up calls are carried out by the hotel with the utmost care. Claims for damages, except for gross negligence or intent, are excluded.
- Messages, mail and consignments of goods for guests are handled with care. The hotel will take care of delivery, storage and, on request, forwarding of the same against payment. Claims for damages, except for gross negligence or intent, are excluded.
- Amendments or additions to the contract, the acceptance of the application or these terms and conditions for hotel accommodation must be made in writing. Unilateral changes or additions by the customer are invalid.
- Place of performance and payment is Überlingen.
- The exclusive place of jurisdiction – also for disputes concerning cheques and bills of exchange – is Überlingen in commercial transactions.
- If a contracting party fulfils the requirements of Section 38 (1) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be Überlingen.
- The law of the Federal Republic of Germany shall apply.
- Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. In this case, the contracting parties undertake to replace the invalid or void provision with a valid provision that corresponds to the economic purpose of the invalid or void provision. In all other respects, the statutory provisions shall apply.
- Separate terms and conditions apply to events.